Dharma Devu Dhone(Since Deceased Through Lrs) v. Hendrya Mahadu Dhone (Deceased) Through Legal Heirs And ORS

907-wpst13919-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.13919 OF 2018 Dharma D. Dhone, since deceased through L.Rs. & Ors.

...Petitioners

V/s.

Hendra M. Dhone, since deceased through L.Rs. & Ors.

...Respondents

Mr.S.M. Oak I/b Mr.Sagar Joshi for the Petitioners. Mr.Girish Godbole I/b Ms.Prabha Badadare for the Respondent Nos.9 to 13, 16 to 18 and 21 to 25.

Mr.A.S. Rao for the Respondent Nos.26-A and 26-B. CORAM : R.D. DHANUKA, J.

DATE : 21ST AUGUST, 2018.

P.C. :- 1.

By consent of parties, the impugned order dated 27th April, 2018 passed by the learned District Judge - 2, Kalyan in MCA No.32 of 2018 and the order dated 21st April, 2018 passed by the learned District Judge - 2 below Exhibit - 13 in MCA No.32 of 2018 are set aside. Consequently the order dated 9th February, 2018 passed by the learned 4th Civil Judge, Senior Division, Kalyan in RCS No.39 of 2016 is restored to file. Hearing of MCA No.32 of 2018 is expedited. None of the parties shall seek any unnecessary adjournment before the learned District & Sessions Court at Kalyan.

1/2

907-wpst13919-18.doc 2.

The original defendants are permitted to disclose the agreements entered into in respect of the suit property, if any, after 9th February, 2018 to the plaintiff's advocate and shall furnish the copies thereof within two weeks from today.

3.

The writ petition is disposed of in aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2